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HomeMy WebLinkAboutBoard of Adjustment 05-26-05 r y � i ST. CROIX OUNTY NOTICE OF CO TTEE MEETING TO: Clarence Malick, C airman St. Croix County B and FROM: Julie Speer, Chairm COMMITTEE TITLE: St. Croix County oard of Adjustment DATE: Thursday, May 26 2005 TIME: 8:30 a.m. LOCATION: Government Center Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ELECTION OF OFFICERS: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: Discussion on schedul' g a special Board of Adjustment meeting for upcoming nonmetallic mining permi renewals. OLD BUSINESS: Tabled special exception r quest for Scott and Jayne Wenzel, owner/ Steve West, agent NEW BUSINESS: * See attached ANNOUNCEMENTS AND CORRESPONDE CE: POSSIBLE AGENDA ITEMS FOR NEXT ETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning ffice DATE: May 19, 2005 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIO S i -14 , C-" • PUBLIC + ARING NOTICE ' The St. Croix County Board of Adjustment has schec uled a public hearing for Thursday, May 26, 2005 at 8:30 a.m. at the Government Center, 1101 Carmichael Ro d, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board N�ill view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Special exception request for the expansion of an existing mini - storage facility in the Commercial District pursuant to Section 17.18(1). The request is to construct two additional mini- storage units as part of the final development phase on an existing commercial site. APPELLANT: Kenneth A. and Barbara J. LOCATION: Located in Government Lot of Section 22, T30N -R20W, Town of St. Joseph ADDRESS: 1418 Main Street, Houlton, Wisconsin 2. ARTICLE: Variance request to the road setback requirements of 133 -feet from the centerline of a Class D Hi ghway pursuant to Section 17.64(1)(d)2. The request is to allow the applicant to construct a home up to 70 -feet from the centerline of two roads, 290` Street and 90 Avenue. APPELLANT: Tim and Laurie Klatt, owner LOCATION: The W 1 /2 of the NW 1 /4 of the SW 1 / 4, Section 16, T'29N -Rl5W, Town of Springfield. ADDRESS: Intersection of 290 ' Street aud 9e Avenue, Glenwood City, WI All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Office, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment I i O FICIAL BOARD OF ADJUSTMENTS AfETTING AND HEARING MINUTES Maf 26, 2005 (This hearing recorded by a Court Reporter) The meeting was called to order by Chai erson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Art Jensen, Sue Nelso , Buck Malick and Linda Luckey were present. Staff included: Bob Bezek, Code AdJbNelson strator, Jenny Shillcox, Zoning Specialist, and David Fodroczi, Planning and ZonDirector, Judy Kahler, recorder, Steve Olson, Land and Water Conservation Dep nt, Greg Timmerman, Corporation Counsel. Chairperson Speer believes this to be perly noticed meeting. Motion was made by Jensen, seconde to adopt the agenda. Motion carried. Chairperson Speer welcomed new mem er, Buck Malick, to the Board. Malick replaces Stan Krueger The next meeting for the Board will be IJune 23, 2005. The meeting will be held in the County Board Room at the Government enter. The starting time will be 8:30 a.m. ELECTION OF OFFICERS Art Jensen opened nominations for elect'on of officers for the Board of Adjustments. Malick nominated Speer for Chairperso . Nominations closed and a unanimous vote was cast for Julie Speer to serve as Chairpers n. Chairperson Speer opened nominations or Vice Chairman. Nelson nominated Art Jensen for Vice Chairperson. Nominations clos d and a unanimous vote was cast for Art Jensen to serve as Vice - Chairperson. Motion c ed. Chairperson Speer opened nominations or Secretary. Jensen nominated Sue Nelson for Secretary. Nominations closed and a un mous vote was cast for Sue Nelson to serve as Secretary. Motion carried. I MINUTES Motion by Nelson, seconded by Malick o adopt the minutes from the April 28, 2005 hearing, with changes noted. Motion c ed. OLD BUSINESS Scott and Jayne Wenzel/ Steve West tabled on April 28, 2005 Staff explained that this request was tab ed at a hearing on April 28 th for more information on the location of the prop sed home on the site, A question was raised by members of the board as to whether or of this was a reconsideration of a request. Staff clarified that it was not a reconsideratio , due to the fact that a decision was not made at the last hearing, but rather that it was to led. The applicant's agent has submitted a letter asking that the board look at the existin site plan, stating that the applicant/agent has worked with the county staff to minimi a environmental impacts and that the applicant is willing to comply with all conditions p oposed in the staff report. Greg Timmerman joined the group and spoke to the Board about the procedures that the Board of Adjustment must follow, and ow the Board differs from committees. Timmerman told the Board that the ap licant is allowed to be at the site during the viewings, andmay clarify issues or an er questions from the Board, if needed. Any notes taken on site should be made part of j he record. It was also decided by the Board that from now on the decisions be recorded by a tape recorder. The hearing was opened and testimony taken and recorded by a court reporter. The Board recessed from 11:35 a.m. to 3:10 p.i. to view the sites. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave; a brief overview of how the Board of Adjustment meeting is condt cted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HE NG NOTICE The St. Croix County Board of Adjustmen has scheduled a public hearing for Thursday, May 26, 2005 at 8:30 a.m. at the Govermnent Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appe is to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Special exception request for the expansion of an existing mini - storage facility in the Commercial District pursuant to Section 17.18(1). The reque t is to construct two additional mini- storage units as part of e final development phase on an existing commercial site. APPELLANT: Kenneth A. and Barbara J. Zak LOCATION: Located in Government Lot 4 of Section 22, T30N -R20W, Town of St. Joseph ADDRESS: 1418 Main Street, H ulton, Wisconsin 2. ARTICLE: Variance request to the road setback requirements of 133 -feet from the centerline of a Class D Highway pursuant to Section 17.64(1)(d)2. The request is to allow the applicant to construct a home up to 70 -feet om the centerline of two roads, 290 Street and 90 Avenue. APPELLANT: Tim and Laurie Kla , owners LOCATION: The W % of the NW ' / 4 of the SW t /4, Section 16, T29N -R15W, Town of Springfield ADDRESS: Intersection of 290 Street and 90 Avenue, Glenwood City, WI All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Office, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment After hearing testimony on the above articles, reviewing the material in the record, and conducting a site visit, the Board rendered he following decisions: Scott and Jayne Wenzel/ Steve West 2 Motion by Jensen, seconded by Malick to approve the special exception request for filling and grading on 20% slopes in the shoreland area of Indigo Ponds based on the following findings: 1. The applicants are Scott and Jayne Wenzel, property owners, 970 Highlander Trail, Hudson, WI, with Steve Wet and Mark Erickson, Landsted Homes, acting as their agents. 2. The site is located at Lot 40 of the digo Ponds Subdivision at the SE 1 /4 of the NE' /4 of Section 25, T29N, R19W Town of Hudson, St. Croix County, Wisconsin. 3. The applicant filed an application with the Planning and Zoning Department for a special exception permit for filling and grading on 20 percent slopes and greater in the Shoreland District of Indigo Pond pursuant to Section 17.29(2)(c)1 of the St. Croix County Zoning Ordinanc . 4. The Board of Adjustment finds that all requirements have been met to grant the special exception permit pursuant t Sections 17.70(7)(a) and 17.70(c) of the St. Croix County Zoning Ordinance. 5. The Town of Hudson has recomm nded approval of this request with the conditions recommended by St. Croix County Land and Water Conservation Department. 6. The applicants have worked with s aff from the Planning and Zoning Department and Land and Water Conservation epartment to address environmental concerns. 7. The Wisconsin Department of Natural Resources has no objections to this request. 8. There was no public opposition to the request. 9. The request is not contrary to the public interest. 10. The spirit and intent of the Ordinance would be met by granting this request for a special exception permit, and subst tial justice would be done. With the following conditions: 1. This special exception permit allows the applicants to disturb slopes greater than 20 percent in the Shoreland District of Indigo Pond to establish a building site that supports a house and driveway. Approval for this special exception permit does not include any additional grading d filling, structures., or impervious coverage not shown or indicated in the plans submitted April 25, 2005. 2. Prior to commencing construction, the applicants shall secure a township building permit from the Town of Hudson and obtain any other required local, state, or federal permits and approvals. 3. Prior to commencing construction, the applicants shall submit to and have approved by the Planning and Zoning Department a detailed vegetation management plan showing existing and proposed native trees, shrubs, and ground cover. The plan must indicate species, size, and location of all vegetation, and long -term management, which may include a provision that would allow for natural regeneration of native shrubs and es. The purpose of this vegetation management plan is to: a. within five years, replace and/or re- establish with native species those trees and shrubs removed within the 75 -foot OHWM setback prior to submittal of this application b. substantially screen the horn e, parking area, and any other structures from the pond, I 3 I i i c. restore the sensitive natural, habitat along the shoreline and within the shoreline setback, and d. stabilize and protect steep slopes from long -term. erosion. 4. Prior to beginning any work, the a plicants must schedule an on -site pre - construction meeting that includes the landowner, contractor, engineer, architect, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to coordinating installation of BMPs, construction timelines, roles and responsibilities of owner, engineer architect, and contractor. 5. Prior to beginning any work, the ay plicants must submit a financial guarantee equal to 120% of approved installa ion estimates in favor of St. Croix County, to be held by the Planning and Zoning Department for implementation of the vegetation management plan per Condition #3, grading activities, erosion control, and storm water management mea ores (to ensure proper construction). The initial financial guarantee periods all be for a minimum of one year and shall automatically renew until the Cour ty releases any or all of the financial guarantees: • Written estimates must be s ubmitted to the Planming and Zoning Department for review and approval. • No construction, including earth moving, shall take place prior to approval of the financial guarantees • The applicant shall have the engineer submit proof that the plans were installed as approved. This document can be submitted in the form of an as -built or other document that county staff can review to ensure the plans were installed in accordance with the original design. • Upon substantial completio 1 of all required improvements, the applicant shall notify the Zoning Administrator of the completion of the improvements in writing. he Zoning Administrator, in consultation with appropriate experts, shall inspect the improvements. • The County may retain a p rtion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has been stabilized. rhis amount is not to exceed 15% of the cost of the improvement. I 6. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. Tempor ground cover such as mulch shall be used and permanent cover such as sod o a native seed mix shall be planted. 7. Upon commencing construction, the applicants shall implement the final storm water management plan submitted n April 25, 2005 and approved by the Land and Water Conservation Departmej Lt. 8. Within 30 days of completing construction, the applicants shall record the storm water management plan and any dr iinage easements for the permanent storm water control structures against the deed for the property'. The applicant is responsible to provide a recorded copy to the Planning and Zoning Department. The intent is to make the current and future owners aware of the responsibilities associated with the storm water management plan as well as the limitations (filling, grading, etc.) the landowne incurs as a result of the plan. 4 i 9. Within 30 days of completing construction, the applicants shall submit record drawings prepared by the project e4gineer and photographs of the property to the Planning and Zoning Department. 10. Any minor change or addition to tl�e project, including but not limited to design of the project, shall require review an approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 11. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. IFailure to do so shall. result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required - to secure a new special exception permit before starting or completing construction on the project. 12. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that ould affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 13. Accepting this decision means thati the applicants have read, understand, and agree to all conditions of this decis on. The following vote was taken to approve: Nelson, yes; Jensen, yes; Malick, yes; Luckey, yes; Chairperson Speer, yes. Motion carri�d unanimously. Kenneth and Barbara Zak Motion by Speer, seconded by Nelson to approve the request for a special exception permit to construct two additional mini storage buildings on an existing commercial site based on the following findings: 1. The applicants are Kenneth and Barbara Zak, property owners and owners of Badger Mini Storage, 1418 Main Street, Houlton, WI. 2. The site is located in part of Govermnent Lot 4, Section 22, T30N, R20W, Town of St. Joseph, St. Croix County, isconsin. 3. The applicant filed an application with the Planning and Zoning Department for a special exception permit to construct two additional commercial mini storage buildings (buildings #7 and #8) to complete the final stage of their development plan pursuant to Section 17.18(1) a) of the St. Croix County Zoning Ordinance. 4. The Board of Adjustment finds that all requirements have been met to grant the special exception permit pursuant to Sections 17.70(7)(a), 17.18(b), and 17.18(f) of the St. Croix County Zoning Ordinance. 5. The Town of St. Joseph has reco ended approval of this request. 6. The applicants have no record of violation of conditions of previous permits and have worked with staff from the Planning and Zoning Department and Land and Water Conservation Department to address environmental and other concerns. 7. There was no public opposition t9 the request. 8. The request is not contrary to the ublic interest. 9. The spirit and intent of the Ordinz nce would be met by granting this request for a special exception permit, and substantial justice would be done. With the following conditions: 5 i 1. This special exception permit allo s the applicants to construct two additional mini storage units as part of the f al phase of development as originally approved in 1997 and as presented in updat d plans dated March 2, 2005, 2. The applicants shall continue to comply with the terms of all three prior special exception decisions. 3. The applicants shall maintain the Game type and level of lighting on the site, which currently consists of half photocell lighting and half motion - sensitive lighting, unless the applicant wish s to have a larger portion of motion - sensitive lighting. i 4. The applicants shall notify the PI ng and Zoning and Department to arrange a site visit at the start and the finish of the project. 5. Prior to commencing constructio , the applicants must secure a building permit from the Town of St. Joseph and btain all other necessary local, State, and federal permits and approvals, in luding approval for the building plans from the Wisconsin Department of Comm rce. The applicants shall submit a copy of the State approved building plans to t e Planning and Zoning Department prior to commencing construction. 6. Prior to commencing constructio , the applicants must submit a financial guarantee equal to 120% of appr ved construction estimates in favor of St. Croix County, to be held by the Planni g and Zoning Department for grading activities, erosion control, and storm water anagement measures (to ensure proper construction). The initial financi 1 guarantee period shall be for a minimum of one year and shall automatically enew until the county releases any or all of the financial guarantees: • Written estimates must be su mitted to the Planning and Zoning Department for review and approval. • No construction, including e h moving, shall take place prior to approval of the financial guarantees • The applicant shall have the ngineer submit proof that the plans were installed as approved. This ocument can be submitted in the form of an as- built or other document that ounty staff can review to ensure the plans were installed in accordance with a original design. • Upon substantial completion of all required improvements, the applicant shall notify the Zoning Administr4tor of the completion of the improvements in writing. The Zoning Administrator, in consultation with appropriate experts, shall inspect the improveme ts. • The County may retain a po ion of the guarantee, for a period not to exceed two years after final accept ce of an improvement to ensure the project has been stabilized, this amounts not to exceed 15% of the cost of the improvement. 7. Prior to commencing constructi n, the applicants shall improve the existing silt fence around the storm water po d and remove all brush and pallets from the pond bed. The applicants shall a responsible for ensuring that erosion control BMPs consistent with the Wisc nsin Construction Site Best Management Practices Handbook are implem nted throughout the construction. 8. Within six months of completin construction, the applicants shall provide a hard surface (asphalt/concrete) on al interior driving and parking areas. 9. Within six months of completin construction, the applicants shall plant native trees and shrubs as necessary to fully screen buildings seven and eight and all new paved areas from adjacent prop rties. 1 6 j f 10. Within six months of completing construction, the applicants shall submit to the Planning and Zoning Department a maintenance and monitoring agreement for the storm water management plan with permanent easements for all drainage ways and retention devices. The applicants must record the storm water management plan, drainage easements, and maintenance agreement against, the deed for the property and provide a recorded copy to the Planning and Zoning Department. The intent is to make future owners aware of the responsibilities associated with the plans as well as the limitations incurred as a result of the plans. 11. Within six months of completing c nstruction, the applicants shall submit to the Planning and Zoning Department an as -built drawing of all buildings, hard surface, and storm water managem nt devices, and landscaping to ensure that everything has been constructed as designed and approved. 12. Any minor change or addition tot the project, including but not limited to design of the facility, shall require review ani I approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 13. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 14. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: � yes; Jensen, yes; Malick, yes; Luckey, yes; Chairperson Speer, yes. Motion carrie nanimously. Timothy and Laurie HIatt Motion by Nelson, seconded by Jensen to pprove the variance request to the 133 -foot setback of two Class D Highways to cons ct a home, based on. the following findings: 1. The applicants are Timothy and La #rie Klatt, property owners, 420 Elm Avenue W, Menomonie, WI. j 2. The site is located in the W %2, SW 1 of Section 16, T29N, R15W, Town of Springfield, St. Croix County, Wisconsin. 3. The applicants filed an application with the Planning and Zoning Department for a variance to construct a home and ttached garage within the highway setbacks of two Class D roads pursuant to Section 17.64(1)(d)2 of the St. Croix County Zoning Ordinance. 4. The Board of Adjustment finds thal all requirements have been met to grant the variance pursuant to Section 17.70(5)(c)3 of the St. Croix County Zoning Ordinance and Wisconsin State Sta tes §59.694 5. The Board of Adjustment fords that existing wetlands, a high groundwater table, and other physical characteristics cr ate a hardship unique to the property that limits where the house and garage can be located. The approved location constitutes the only suitable building site on the property. 6. The Town of Springfield has recommended approval of this request. 7. The proposed house and garage met all other required setbacks. 8. Encroachment of the house and garage will not negatively impact the character of 7 i the area, or the health, safety, and Welfare of citizens. 9. There was no public opposition to the request. 10. The request is not contrary to the public interest. 11. The spirit and intent of the Ordinance would be met by granting this request for a variance, and substantial justice would be done. With the following conditions: 1. This variance allows the applicant4 to construct a home that encroaches 33 feet within the setback of 290 Street d 63 feet within the setback of 90 Avenue as depicted in the site plan submitted on May 19, 2005. 2. The proposed home and driveway hall meet all other provisions of the Ordinance, including the 35' hei t restriction for principal structures pursuant to Section 17.15(3), the two hundred foot vision triangle per Section 17.64(2), and the 200' minimum spacing requirement for driveways pursuant to Section 17.64(5)(a)3. 3. Prior to commencing construction the applicants shall be responsible for securing a building permit from the Town f Springfield and obtaining any other required local, State, or federal permits an approvals, including permits and approvals necessary under State wetland re lations NR 103, 151, and 299. 4. Prior to commencing construction the applicants shall contact the Land and Water Conservation Department t schedule a site visit to ensure that erosion and sediment control measures are pro erly installed according to the Wisconsin Construction Site Best Manageme t Practice Handbook. 5. Immediately upon completion of onstruction, the applicants shall manage storm water in a manner that contains off on site and diverts runoff away from the pond to areas on the site where 't can infiltrate per best management practices according to Homeowner's Guide to Storm Water Management. 6. Immediately upon completing onstruction, the applicants shall reestablish permanent groundcover to all dis bed areas on the site. 7. Within six months of completin construction, the applicants shall restore a 35- foot buffer of native grasses, for s, shrubs and trees around the shoreline of the pond to preserve its function and apacity as a wetland.. 8. Within six months of completing construction, the applicants shall submit to the Planning and Zoning Department an as -built drawing of the home and driveway, along with photos of the complet d construction. 9. The applicants shall have one (1) year from the approval of this variance to commence the construction. Pri r to the end of the one -year time limit, the applicants may request an extensi n from the Planning; and Zoning Department of up to six months. Failure to do so shall result in revocation of the variance. 10. Any minor addition or change in he plans presented shall require review and approval by the Planning and Zo ing Department prior to making the addition or change. Any major addition or c ange to the originally approved variance will have to go through the variance p ocess. 11. Accepting this decision means th t the applicants have read, understand, and agree to all conditions of this dec sion. By accepting this approval the owner(s) are ultimately responsible for co pliance with the conditions of this approval. I The following vote was taken to approve Nelson, yes; Jensen, yes; Malick, yes; Luckey, yes; Chairperson Speer, yes. Motion c ed unanimously. 8 I • i Non - Metallic Minim Permit Renewals Shillcox went over the memo given to the Board regarding mining permit renewals for existing mines in St. Croix County. There will be several of these coming in for permit renewals, and Shillcox suggested setting aside a time in December for a special Board of Adjustment meeting just for the mine renewals. Discussion held. It was decided that December 1 and 2' will be set aside for this meeting. December 15 will be the regular Board meeting. It was suggested by the Board that pictures of the sites be taken before snowfall. The meeting declared adjourned at 4:25 Respectfully submitted: Sue Nelson, Secretary Judy Kahler, Recording Secretary I I i i I i i i �9